WRITTEN QUESTION P-1015/02 by W.G. van Velzen (PPE-DE) to the Commission. Article in the Financial Times of 27 March 2002 on planned Commission crackdown on mobile phone operators' call termination charges.
Date: 2002-04-05
Institutions: European Parliament, Provisional data
Subjects: competition law, electronic mail, mobile phone, regulation of telecommunications, telecommunications, transmission network

C 277 E/128

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/145)

WRITTEN QUESTION P-1014/02

by Gary Titley (PSE) to the Commission

(5 April 2002)

Subject: Competition policy in the energy market

The Commission had a very successful experience using its anti-monopoly powers in the case of telecoms
liberalisation. Does the Commission intend to build on this positive experience and use its power in the
field of energy liberalisation? If the EU is to ensure that the Lisbon economic reform targets are met, it will
be vital that European energy markets are fully liberalised and that likewise, the Commission is prepared to
flex its anti-monopoly muscles in the event that the aspirations outlined at the Barcelona summit are not
fulfilled within the foreseen timeframe.

Answer given by Mrs de Palacio on behalf of the Commission

(6 May 2002)

that

The Commission believes
the adoption by the Council and the Parliament and a proper
implementation by Member States of the Commission’s legislative proposals of March 2001 remain the
best and most appropriate solution to complete the opening of the Community energy markets. The vote
of the Parliament some days before the European Council of Barcelona (15 and 16 March 2002) as well as
the Conclusions of the latter have given an important impetus towards the achievement of this objective.

At the same time, the Commission will continue to make use of the Community competition rules to
actively promote and maintain a competitive market structure. Indeed, barriers removed by regulatory
measures should not be replaced by contractual arrangements or practices, nor by mergers or state-aid
preventing the creation of common electricity and gas markets.

(2002/C 277 E/146)

WRITTEN QUESTION P-1015/02

by W.G. van Velzen (PPE-DE) to the Commission

(5 April 2002)

Subject: Article in the Financial Times of 27 March 2002 on planned Commission crackdown on mobile

phone operators’ call termination charges

Is the Commission aware of the article of 27 March 2002 in the Financial Times stating that the
Commission may be planning to crack down on mobile phone operators’ call termination charges, and is
the Commission indeed planning to do this?

Is it true, as claimed in the article, that this action will apply not only to call termination but also to
international roaming?

When will the Commission inform the European Parliament of the action planned in this field?

Answer given by Mr Liikanen on behalf of the Commission

(2 May 2002)

The Commission has noted the article in the Financial Times of 27 March 2002 concerning call
termination charges on mobile networks.

As required under Directive 2002/21/EC of the Parliament and of the Council on a common regulatory
framework for electronic communication networks and services (the ‘Framework Directive’ (1)),
the
Commission is preparing a Recommendation on relevant product and service markets within the
electronic communications sector susceptible to ex ante regulation.

14.11.2002

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Official Journal of the European Communities

C 277 E/129

In accordance with Annex I of the Framework Directive, this Recommendation will include the markets for
‘call termination on public mobile telephone networks’ and ‘wholesale national market for international
roaming on public mobile networks’.

As soon as possible after the adoption of the Recommendation, national regulatory authorities in the
Member States must carry out an analysis of the markets identified in the Recommendation, to decide
whether there is effective competition. Where competition is not effective, national regulatory authorities
impose or maintain obligations (such as transparency, non-discrimination, cost orientation) on under-
takings deemed to have significant market power, as specified in the Directives.

The draft Recommendation will be subject to a public consultation, to start once the Directives have been
formally published in the Official Journal. The Parliament will be kept informed. It is expected that the
Recommendation will be adopted by the Commission in June 2002.

In a separate action, the Commission has sent to the Dutch telecommunications operator (Netherlands
Telephone Company KPN NV) a statement of objections alleging that KPN, through its subsidiaries KPN
Mobile (mobile traffic) and KPN Telecom (fixed traffic), has violated the competition rules of the EC
Treaty (2).

The Commission has also launched a sector inquiry into Mobile roaming charges. It can be expected that
the action on mobile termination charges will have an impact on mobile roaming charges, as the former
are a substantial part of the cost of international roaming.

(1) OJ L 108, 24.4.2002.
(2) See Press Release IP/02/483, dated 27 March 2002;

http://europa.eu.int/rapid/start/cgi/guestfr.ksh?p_action.gettxt=gt&doc=IP/02/483|0|RAPID&lg=EN&display=.

(2002/C 277 E/147)

WRITTEN QUESTION P-1017/02

by Francesco Speroni (NI) to the Commission

Subject: Restrictions on the use of cheques made out in euro

(5 April 2002)

As was pointed out in Question H-0087/02 (1), some businesses such as the ACCOR chain in France
explicitly refuse to accept cheques made out in euro drawn on banks in other countries, even if they are
part of ‘Euroland’.

This is the case regardless of the amount, whether or not the customer is known or the type of cheque, the
only criterion being the location of the bank on which the cheque is drawn, which means that a customer
whose cheque is refused if it is drawn on a non-French bank can have a cheque of the same kind and for
the same amount accepted, provided that it is drawn on a bank located in France. It is therefore not a
question of preferring cash or other forms of payment, whether the customer is known or not or a
minimum or maximum amount, but solely a question of territorial discrimination.

Is this practice compatible with the rules on the free movement of capital and the rest of the Union’s
legislation?

(1) Written answer of 12.3.2002.

Answer given by Mr Bolkestein on behalf of the Commission

(11 June 2002)

The only payments by cheque accepted by a commercial undertaking in France are cheques drawn on
banks located in France, and cheques drawn on foreign banks are refused. The Honourable Member asks
whether such a practice is compatible with the EC Treaty, given that all these cheques are in euros.